STATE OF BIHAR Vs. SIDHI THAKUR AND OTHERS

JUDGEMENT

(1.) This appeal by the State of Bihar arises from the judgment and order of acquittal passed by the 3rd Additional Sessions Judge, Begusarai, in Sessions Case No. 42/22 of 1978/84. The respondents had been put on trial for being members of an unlawful assembly armed with deadly weapons and committing the murder of Satya Narain Jha @ Sattu Jha in furtherance of the common object of that assembly punishable under Sections 148 and 302/149 of the Indian Penal Code.

(2.) On 24.6.1977 at 8.45 p.m. PW 2 Sitaram Pathak made his fardbeyan before PW 9 Ram Singhasan Singh at the house of deceased Satya Narain Jha in Mohalla Bishunpur, one of the quarters of Begusarai town, stating that at about 8 p.m. when he was sitting on the upper floor of the house and the deceased was sitting on the ground floor along with PW 1 Jago Mahto PW 4 Govind Jha, one Sia Mahto and Sital Mahto and having conversation with them, he heard the sound of explosion of a bomb-like thing. He came downstairs. When he reached the exit door, he saw 8-10 persons armed with pistol, sword and dagger coming out of the north western room towards outer verandah. He identified the respondents among them. It may be mentioned here that while respondent Nos. 1 and 3 to 7 were described by their names, respondent No. 2 was described as a 'Chamar' of 'Chamartoli' whose name was allegedly not known to the informant at that time. The name of respondent No. 2 was disclosed as the person concerned to the Investigating Officer on 2.8.1977. PW 2 further stated that he found deceased Satya Narain Jha lying dead in pool of blood inside the room near the door. His neck and cheek bore cut marks. PW 2 further stated that he had learnt from the said Sia Mahto that while they were grossiping at the verandah, 8-10 persons suddenly came through the eastern lane and hurled a bomb on the stairs. In panic the persons sitting at the verandah fled away. Satya Narain Jha also fled into the north western room. The assailants, however, chasing him entered into the room and committed the crime. PW 2 claimed that the occurrence had taken place due to enmity with one Dashrath Thakur.

(3.) The police led by PW 9 S.I. Ram Singhasan Singh arrived at the place of occurrence on the basis of the information (Sanha) lodged by PW 7, Bhawani Devi at the Begusarai Police Station at 8.15 p.m., recorded in the Station Diary vide Entry No. 640 dated 24.6.1977. He recorded the fardbeyan and further statement of PW 2 Sitaram Pathak, inspected the site of occurrence, prepared inquest report thereafter recorded statements of PW 4 Govind Jha, PW 6 Suresh Chandra Jha and PW 7 Bhawani Devi as well as Sia Mahto, Binod Kumar Pathak and Bishuni Sah, who were not examined at the trial (Sia Mahto is said to have died before the trial commenced). At 1 a.m. PW 9 was informed by the Officer-in-Charge Begusarai P.S. that respondents Rajendra Thakur, Shambhu Jha and Kanhaiya Mishra had been apprehended at the Lakho Petrol Pump. He thereafter went to Lakho Petrol Pump where he took charge of the said respondents from PW 8, A.S.I. Bharat Singh. It may be mentioned here that according to PW 8 Bharat Singh he had apprehended the said respondents at about 12'o clock while checking the vehicles on 'Convoy Duty'. He had recovered one loaded pistol and two cartridges from their possession for which he had instituted a separate case under the Arms Act against them. PW 9 allegedly recovered a sword said to have been concealed in a Dobha (tank) at the instance of the said respondents which he sent to the Forensic expert for examination. After completing the investigation, PW 9 submitted charge-sheet against the respondents and they were, thus, after the usual commitment, put on trial.